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(영문) 부산지방법원 2014.12.18 2014가단15282
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from March 8, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 22, 2012, the Defendant drafted a letter of payment (Evidence A3) with the following content on the part of the non-party C and one other.

【The Defendant: (a) knew that C had taken over 81,742 square meters of F forest land in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, D Co., Ltd. from the representative E of D Co., Ltd. with a claim relationship; (b) agreed to take over the said real estate and dispose of all the bonds and obligations and to dispose of the said bonds and obligations until August 16, 201; (c) decided to pay KRW 200,000,000,000, which is the amount of damage to C et al. and one other, the acquiring obligee of the said company and real estate until August 16, 2011; and (d) did not resolve so until now, in order to verify the credibility of the implementation of the promise, the Defendant would not raise objection even if C and one other receive the same directly among the 1.3 billion won of the principal’s share in the implementation of the apartment construction project, and if the implementation is impossible, the amount shall be paid by no later than July 10, 2012).

B. On June 7, 2013, C transferred to the Plaintiff the claim amounting to KRW 100 million out of the agreed amount KRW 200 million on the letter of payment, and notified the Defendant of the fact of the transfer of the said claim on or before February 28, 2014.

[Grounds for Recognition: Each entry of evidence Nos. 2 and 3, and the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 100 million and damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 8, 2014 to the date of full payment.

B. The defendant's assertion (1) The defendant's assertion that the defendant should pay C the money to C in return for the introduction of D (State) to the defendant, not the defendant's return that C borrowed money to C.

In addition, although the defendant could arrange the F Forest in Gyeonggi-gu and set up the amount remaining, he could arrange C et al.'s claims, he would be D (State).

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